DESAI, C. J. : The decree was passed jointly against the applicant-appellant (The Union of India) and the authorized controller. During the pendency of the application by the Union of India for a certificate under Art. 133 of the Constitution the authorised controller, who was an opposite party along with the plaintiff, died. This application for the substitution of his legal representatives in the application for a certificate has been made more than 150 days of his death. There is an application under S. 5 of the Limitation Act of 1908 for treating the application as within time. The learned Additional Advocate-General, however, contends that the application for substitution is not governed by O. 22 of the C.P.C. and the limitation in this case is governed not by Art. 120 but by Art. 137 of the Limitation Act of 1963. Article 120 provides a period of 90 days' limitation for an application "under the Code of Civil Procedure to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party" and the period commences on "the date of death of the plaintiff, appellant, defendant or respondent as the case may be" Articl